Image provided by: University of Oregon Libraries; Eugene, OR
About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (June 27, 1911)
FAGK PUCK. OATLt CAPITAL JOURNAL, 8.UXM, OREGOS, TUESDAY, JVXE 27, 1911. CARRIERS HAVE FINE LETTEH CARRIERS OF THE STATE HATE TWO PAYS' TON TENTION, INDULGE IX IXTER ISTIXG REMINISCENCES AXD MILL MEET NEXT YEAR AT CORVALLIS. The Oregon State Letter Carriers' association has wound up a two-day convention at Salem which was a record breaker in point of attend ance and interest in the proceedings. The local branch will not say much about its part of the convention, but all the visitors unite in saying they vrere never so well treated as at the hands of the Salem bunch who dug Into their blue trousers for about 15 plunks apiece to provide a banquet at the Marlon as fine as anything ever served there, an orchestra, vis its to state institutions, free trolley rides, and everything to delight the heart of the peregrinating postal profession. The following officers were elect ed: President, J. H. Scott, Corvallis; vice-president, S. D Grush, Astoria; secretary-treasurer, llr. Johnson, Portland; members of executive board, C. C. Henderson, Eugene; Mr. Daugherty, Portland ; delegate-at-large, K. P. Loop, McMlnnvllle. Talks nt the UniHiueJ, From soup to cigars the banquet at the Marlon was a perfect success. Even the talks were above the aver age. At the request of State Presi dent S. E. Howard of Sale, Fred P. Holmes acted as toastmaster and proved a wise selection for he kept things moving, had a happy way of Introducing people and made the ap propriate comment on their speeches ! that kept things moving, ,and there was not a dull moment but universal good feeling prevailed. He intro duced Mayor Lachmimd who bade the guests welcome to the city and assured them of protection against police interference. He said if any one had to be run in he would go himself but the letter carriers might Keep it up an nignt ana into Sunday i if they wanted to. He was warmly applauded. L. P. Bennett responded for the local branch, Salem No. 347, In a snappy way that suited all the boys. Squire Farrar, Salem's veter an postmaster proved a game sport and said some nice things for the clerks and carriers if they do cause him sleepless nights sometimes. The toastmaster complimented the Salem newspapers on their help in the Sunday closing movement which t riETHG Sixth Annual 4 ilFair And Carnival jj SALEM, JULY, 6, 7 & 8, 1911 Aids Nature The treat succet oi Dr. Pierce' Golden Medical Dit covery in curing weak stomachs, wasted bodies, weak lungs, and obstinate and lingering coughs, is based on the recognition of the fundamental truth that "Golden Medical Discovery" supplies Nature with body-building, tissue-repairing, muscle-making materials, in con densed and concentrated form. With this help Nature aupplies the necessary strength to the stomach to digest food, build up the body and thereby throw off lingering obstinate coughs. The "Discovery" re-establishes the digestive and nutritive organs in sound health, purifies and enriches the blood, and nourishes the nerves in short establishes sound vigorous health. It your dealer offer aomethlnd " lnat ma iood," it la probably better FOR HIM It pay better. But you are thlnklnj ot the care not the profit, ao there' a nothing "last as iood" lor you. Say ao. Dr. Pierce's Common Sense Medical Adviser, In Plain English; or, Med icine Simplified, 1008 pages, over 700 illustrations, newly revised up-to-date Edition, paper-bound, sent for 21 one-cent stamps, to cover cost of mailing enly. Cloth-bound, 31 stamps. Address Dr. R. V. Pierce, Buffalo, N. Y. had been referred to by Rev. Errett of the Christian church. R. J. Hen dricks reviewed the parly days 24 years ago when the first two carriers had been secured, George E. Hatch and Ben Taylor, still on the force and both present. M. O. Buron responded as president of the board of trade and E. Hofer spoke for the car riers by request on the "retirement" movement. President Dunnlgan, of the Portland branch spoke for that city and complimented Postmaster Chas. B. Merrick as being an ideal official who was beloved by the em ployes and the community as well. Theo. Roth responded happily for the Business Men's league and A. B. Crldge for the Labor Press. John Farrar as assistant postmaster could not refrain from giving the boys a little lecture. Arthur Gibbard who carried a sack' "for 10 years and is now chief clerk, spoke for that branch of the service. Ben Olcott, secretary of state, gave a humorous address telling of the troubles ot a campaign manager and the efficiency of the mail service in making West governor. J. H. Ross, secretary of the Portland branch, and John Jen sen, a pioneer carrir from Monta villa, spoke interestingly, and were the victims of humorous crriks from the ever-witty- toastmaster. W. H. Squires, who helped organize July 4, 1903, the first letter carriers order at Salem was the next speaker. Ben Taylor gave a very interesting ac count of his experiences in putting on the first free mail delivery at Nome, Alaska. He did not tell how he and Fred Lockley waded the streets in rubber boots with two re volvers strapped around their waist inside of their coats, nor the tips they refused all the way from free drinks to gold nuggets. He was appointed under General Odell in 1887 and said he lived in hopes of delivering letters from his own flying; machine. He was the first to use a bicycle and owns his own automobile and has built a flier. Under Odell the car riers worked from 5 a. m. to 9 p. m. for $50 per month. It was nearly midnight when the talkfest was concluded and the car riers having said farewell to tholr guests and the orchestra had played "Until We Meet Again,' and then the letter carriers put in three solid hours at their own affairs before final adjournment was taken to meet next year at Corvallis. Greatest three day celebration and midsummer amusement event. Three grand pageants in honor of King Bing and Queen Ann as imper ial rulers of the merrymakers. Cherry Pavilion and Carnival Attractions at 'Marion Square.' $1000 will be expended on prizes, silver cups and exhibits of finest cherres in the world, Three Grand Parades Thursday, July 6, 10:30 a. m. Grand Civic, Industrial and . Historic Parade, Iowa Picnicat noon at Marion Square, Friday, July 7, 10:30 a, m, Automobile Parade, $200 in prizes for the best decorated cars open to the whole state. Saturday, July 8, 7 p. m, Great Comic Screamer, two miles of continuous, uproarious f,in on wheels; all nations; $200 in prizes. Spe.cial Baby Parade and Perambulator Procession, Satur- day at 10:30 a. m. $100 in cash prizes. Bring the twins. Country Fiddlers' Contest and dancing on public pavilion for prizes every evening. Ligts go out at mdnight. Amateur Athletics and Sports on the streets every afternoon with $300 in cash prizes. Leading state athletes present. Five Bands, Vocal Quartets; Balloon Ascensions; High Divers; Slide for Life; Street Sports; Fine Speaking Program Daily; More Free Attractions than you ever saw in your life. Reduced rates pn all railroads and steamboats, JAS. R. LINN, President. CHAS L DICK, Secretary YOUNG GIRL WITH A GUN KILLS THREE UNITED rBESS LEASED WIHE.1 Xew York, June 27. Antonio Flverone is dead and two other men may die from bullet wounds inflicted by Altena Saglinbe, a young girl to whom Fiverone had been paying at tentions. The shooting occurred in the street last night, when the girl upbraided Fiverone for concealing from her the fact that he was a mar ried man. A crowd collected, and some one urged the angry girl to avenge herself upon her false admir er. She drew a revolver and began firing rapidly. One bullet struck Fiverone and killed him. Two others found lodgment in the bodies of two bystanders, and both also may die. Following the shooting, the girl, throwing away her revolver, fought off with a hatpin two policemen who sought to arrest her. She was finally seized from behind and overpowered. THE MORMONS OWNED LOTS OF SUGAR STOCK I UNITED TRESS LEASED WIUP J Washington, June 27. When he took the stand today President Smith admitted that he personally owned 5,000 shares of the Utah-Idaho Sugar company and 49,815 shares for the Mormon church. He .said the stock pays seven per cent dividends, which is used for the church. He testified that the sugar company's attorneys said the combination with the Have meyer interests was legal and that later he and the presiding bishops and councellors of the church, totall ing 15, approved it. He said he did not represent the church in making the consolidation but that all the church officials acquiesced. Cherry OREGON SUPREME Full Text Published bj Courtesy of Supreme Wells t. (Jreut Xr. liy. Co, Multno mah County. R. L. Wells, respondent, v. Great Northern Railway Company, appel lant. In the circuit court for Mult- I nomah county. The Hon. E. C. Bronaugh, Judge. On petition for re hearing. Affirmed March 14. 1911. 114 Pac. 92. Omar C. Spencer, for appellant. John F. Logan, for re spondent. Per Curiam. Denied. Per Curiam. In the petition for re hearing it is urged that1 the limita tion of the liability was based on a special consideration, viz.: a reduc tion In the price of the ticket. But defendant's counsel mistake the terms of the stipulation of the ticket. The reduction of the price of the ticket la not made in consideration of the limitation of the baggage. . The ticket is In form a first class ticket. Whether It Is sold as a first or sec ond class ticket is to be indicated as the one or the other by the place It Is punched on the first coupon. The contract of the ticket contains seven specifications. The third one states that, if sold as a second class, the purchaser is only entltjed to second class passage, and each of the other six conditions ot the ticket api.dy alike to the holder of the ticket, whether first or second class; and the seventh condition, limiting the liability of the baggage, applies to all holders of the ticket, regardless of the price for which it was pur chased, and has no bearing on the price of the ticket other than It may have been considered In fixing the fare specified in the schedule filed with the Interstate Commerce Coin mission. But it is held in the case of Normile v. Oregon Nav. Co., 41 Or. 145: "No sort of consideration. whether It is based upon a different or lower tariff, or whatever it might be, will therefore exempt the carrier, in whole or in part, from liability at tributable to his own negligence, and, where such is the essential purpose of the contract, it cannot be upheld." Defendant also mistakes the effect of the seventh clause of the contract, limiting the liability of the com pany. It is not a stipulation of the value of the goods shipped, but lim its the liability to $100 in any case, and is not an agreed value of the goods shipped. "The baggage liabil ity Is limited to wearing apparel only, not exceeding $100 in value," and the passenger does not partici pate In fixing the amount. He is re quired to accept the stipulation on the ticket or leave his baggage. This conceded in the second brief filed on this motion where it is contended that the limitation is "fixed by the schedule of rates filed ; by the com pany with the I. C. C. and has the force and effect of a law. Without assenting to' that statement, certainly there was no agreement as to the value of the goods shipped. Mr. Justice Wolverton, In Normile v. Oregon Nav. Co., makes the dis tinction between an attempt by the carrier to stipulate against liability regardless of the value, and a" stipu lation fixing the value of the freight to be carried; and counsel . for de fendant claim that this case comes within the latter class, but in this he is in error. It is said at page 184, "It is a sound and wholesome doc trine, based upon consideration of public policy and fair dealing, that a common carrier will not be per- DETAILS OF BIG FAIR, (Continued rrom page I.) confectionery, Adolph's cigar store, Geo. E. Waters' cigar store. D. R. Yantls' Toggery, Roth grocery com pany, Sunset grocery, Bllgh confec tionery and Patton Brps.' book store. The candidates nominated are: Stella Walling. Effie Needham. Mabel Zeh, Laura Gregory, Edith Schrunk, Florence Sm'th. Merchants' Coupon Vote. The principal merchants of the city have agreed 10 give coupons good for five votes In the Cherry Fair nneen contest, w'th every dollar's worth of goods purchased for c.ush between now and Saturday. When buvine goods call for these coupons and vote tnem for your favorite. These cou pons may be voted for anv contest ant you prefer, and dronned Int-i the ballot boxes as paid ballots, without the accomnanying cash. The queen of your choice Is to he written on the ballots. Purchasers at all the stores should call for their coupons with each cash purchase, and then sep that they are voted before Saturday night, when the final count wil' be madp. Th ballof will b footed un Tuesday. Thursday and finally Sat urday evening. The prizes for the bahv nnr'-io were increased from $50 to $100. The hiring of nads was turned over to the concessions committee; Harry Al bert, chairman. The park will be illuminated with streamer lights and Japanese lanterns with electric lights leading up to the centPr pavilion. The Oregon National Guard will parade In full force the first day. The following nrlzes have been de cided upon by the various comm't tees. Best lodge float $20 Best business float 20 Best union' float 20 Best decorated horse and buggy 10 Best decorated single horse and buggy 10 Best decorated sadd'e horse .... R Best decorated Shetland pony . . 5 For the comic parade there will be a $25 prize for the best comic float; $10 for the second best and $5 for the third, while the best character will receive $10. with second and third prizes of $5 and $2.50, re spectively. The committee on the comic pa rade) are espec'ally anxious to have it one of the best features of the fair, and ask that all those who can take nart will eet In town wih th com mittee at once. Hal V. Bolam, Cooke Patton or Fred V. Bynon will be glad to help out anyone to choose a costume or autflt, and if you don't know Just .what you want they will be pleased to make suggestions for yon. So everyone who wants to help make the fair a howling success will please speak early so that there will be sure to be a rush. COURT DECISIONS F. A. Turner, Reporter of the Court. mitted to stipulate against liability for the loss or injury of property in trusted to it for carriage and trans portation occasioned by its own neg ligence . Nor can the carrier he iiermltted tn stlnulate nr rnntrnrt for partial or limited exemption from j liability occasioned by Its negligence I with any more reason than It may for a total exemption." And on the other hand he recognizes that the shipper may agree with the company upon the value of the goods shipped, and be bound thereby, and "if the plaintiff freely, and without restraint, that is, was laboring under no such Inequality of conditions as that he was compelled to enter into the con tract whether he would or not, in or der to have his stock carried exe cuted the contract in question, he 1b bound by the stipulations as to the value." Here there is no stipulation as to value but there Is an attempt to limit the liability regardless of value. In the second brief it Is contended that as the first paragraph of Sec. 6 of the I. C. C. act (24 Stat, at L. 380) railroads are required to print for public inspection "schedules showing the rates and fares and charges for transportation of passengers and property and shall also state separately the terminal charges and any rules and regulations which in anywise change or affect or de termine any part of the aggregate of such aforesaid rates, fares and charges." And by the fifth para graph of Sec. 6 it must "file with the commission, hereinafter provided for, copies of Its schedule of fares, rates and charges which have been estab lished;" that, therefore, such sched ules when filed with the commission are conclusive on the shipper and the carrier, and that as the schedule so filed by the defendant provides that liability of this company and of oth er lines over which baggage is checked is limited to $100," therefore both the company and the plaintiff were bound by that limitation. But we do not concur in these views. Rules and regulations affecting the rates are to be printed in the sched ule kept by the' company for public inspection, but it 'is the schedule of the rates, fares and charges that are to be filed with the commission and cannot be deviated from. There Is nothing In the act that authorizes the company to limit its liability against its own negligence or that makes a statement of limitation of liability in the schedule enforcible by the com mission or binding upon the shipper. In this case neither was it the sub ject of agreement between the com pany and the carrier, but was Im posed by the company as a condition of the sale of the ticket, and in sign ing the ticket the plaintiff was labor ing under such an inequality of con d'tions as he was compelled to enter into the contract, whether he would or not, in order to have his baggage checked. As said In Normile v. Ore gon Nav. Co., "If the purpose of the contract was merely to place a limit on the amount for which the' defen dant shall be liable that is to sav, exempt it in any measure from full liability, as respects the value of the property concerned then clearly, as to any losses resulting from negli gence, it cannot be helped (upheld) and this upon the ground that it would not be Just and reasonable." The netltion is denied. A Few 'Cascarets' Cure Constipation rieasant, Gentle, Though the Most Effective Remedy in the World for Sluggish Bowels or a Lazy Liver, In the old days physic was dread ful calomel, castor oil, salts or ca thartics. And they were worse than they seemed, fior they Irritated the j bowels. They acted much as pepper j acts In the nostrils. They flooded ! the bowels with fluids. But those fluids were digestive juices. And a ! waste today means a lack tomorrow. , You secured relief, but you were ac tf!lv wnrsp off than without it. I It's different with Cascarets. Their : effect Is the same as that of laxative ; foods, or exercise. They s'ir.'.u'n'o the bowels to natural action. No I griping, no pain. They act as a bow- j el tonic. The old way, to, was to take large doses of physic. People waited until the bowels were clogged. The new way is to take one Cascaret when you need it. Carry a box in your pocket or purse. Ward toff the troubles in stantly. The modern plan is to keep at your best. The old way wasted too many good hours. Get a 10-cent box of Cascarets now. ANOTHER GERM DESTROYER. Herpielde Is Death to Dandiuir Germs. The germ burrows into the scalp, throwing UD the cuticle In th'n nr-olf celled dandrrff. cr scurf, and digging ! a the root of the hair where It. sans 1 the hair s vitality. Firat comes brit tle hair, then lusterless and dead-like hair, then falling hair, and, finally baldness. Nine-tenths of the ha'r troubles are caused by dandruff. With out dandruff, hair will grow luxur iantly, as nature intended. "Herp. icide" kills the dandruff germ leav ing the hair to grow unhampered, as it does with the American red men. Sold by leading druggists. Send 10c in stamps for sample to The Herpl clde Co., Detroit, Mich. One dollar bottle guaranteed. J. C. Perry. n Henwood Batted In. (UNITED PEES1 IJCiBBP WIRI. Denver. Colo.. June 27. Declaring that if Frank H. Kenwood had not "meddled" in hers affairs the Brown Palace hotel tragedy in which George Coneland and "Tonv" Von Phul were killed, never would have occurred, Mrs. John Springer, society woman, told her own story of her connection with Von Phul here today at Hen wood's trial. Tramps put off a, freight near The Dalles Mondav took several ohnfa at I the conductor. They wero arrested at Umatilla. i , TO SUIT THE I OF course this means the feminine, to satisfy the masculine taste, to resist the daily wear these are the points we have to study in the building of our Clothing to suit our particular class of trade. OUR SUITS RANGING FROM $10 to $30 ARE NOT TO BE EQUALLED G. W. JOHNSON & CO. 141 N, Commercial Street tttMM fttt MMMtttttttttttMtlMMMMlMt ARRESTED FOR ACCOSTING LITTLE GIRLS Becoming aroused over the actions of an Italian towards his little daugh ter, a farmer by the name of Tschu die, living near the stone quarry this afternoon covered him with a gun and then telephoned for a deputy sheriff, who immediately went to the scene and took the Italian intn mis- tody. I OF) . One pill at bedtime. Brings morn J ( Jill I iRS relief from the headache, indiges tion, nervousness, biliousness. due to constipation. If your doctor mis r i nen seeK this anorova without de av A Splendid Investment We have 25, 50 or 75 feet of finest business proper ty for sale on Commercial street at $200 a foot, Prop erty across the street held at $400' a foot, Property within half a block sold at $300 a toot within six mont'.s Lot 165 feet deep, rear on S, P, railroad and Oregon Electric half block away. Owner will pay half of party wall for two to five story building, An investment that will net you fifty per cent within a year, This offer good only for a liirited time. Also finest corner in the citv now for sale only fine corner, left on Commercial street at a bargain too: good to mention details, : E. HOFER & SONS j 213 S. Commercial St. Phone Main 82, Salem, Ore ROSTEIN & GREENBAUM Millinery at greatly reduced prices, all flowers are now marked out in the bargain boxes, Trimmed hats, nice up-to-date hats you are welcome to look them over, We have always been known to have reasonable prices, Now our prices are greatly reduced, SHAPES and TRIM MINGS ALSO AT REDUCED PRICES. EMBROIDERIES Nice embroideries and insertions at . 8c yd Corset covers, embroideries at 18c yd 17 1-2-inch embroidery flouncing at ..20c yd All-over embroidery at ...29c yd Girls' middy blouses, only . .75 Ladies' white silk $3,00 waist, onlv .$1.75 Long silk gloves at .59c pr Nice lace collars at .25c ea att run LAuitb' ana MtN'S uusi tus, KunirtrtD OVERALLS, 0VERSHIRTS, UNDERWEAR, HOSIERY I ROSTEIN & GREENBAUM j 240 and 246 Commercial Street, . CRITICAL EYE Phone 47 The Italian, it seems, had for sev eral days been annoying little girls In the vicinity, and suspecting that he might trouble his daughter who was going on an errand to a neigh bor, the father took his gun and con cealed himself by the roadside. As soon as the Italian saw the girl he approached her and tried to prevail upon her to accompany him. The father then leveled his gun upon hint and after taking him into custody, telephoned the sheriff's office. Because of the numerous com plaints coming to the officers incases of this kind .the sheriff intends to prosecute him If he can and will hold a conference with the district attor ney with relation to the law on the subject this afternoon. approves, why not use Ayer's 3. C Avi rCn - j I,.w,.i V HtttHIH